I 

118TH CONGRESS 

2D SESSION H. R. 9144 

To require States to permit unaffiliated voters to vote in primary elections 

for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2024 

Mr. FITZPATRICK (for himself, Mr. GOLDEN of Maine, Mr. GARBARINO, and 

Ms. PEREZ) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require States to permit unaffiliated voters to vote in 

primary elections for Federal office, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Let America Vote 

5 Act’’. 


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1 SEC. 2. REQUIRING STATES TO PERMIT UNAFFILIATED 

2 VOTERS TO VOTE IN PRIMARY ELECTIONS. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the right of a citizen of the United States to 

5 vote in any taxpayer-funded election for public office shall 

6 not be denied or abridged by the United States or by any 

7 State on the grounds of political party affiliation or lack 

8 thereof. 

9 (b) REQUIREMENTS FOR ELECTIONS FOR FEDERAL

10 OFFICE.— 

11 (1) ACCESS OF UNAFFILIATED VOTERS TO PRI12 MARIES.—Each State shall permit an unaffiliated 

13 voter who is registered to vote in an election for 

14 Federal office held in the State to vote in any pri15 mary election for such office held in the State, ex16 cept that the State shall not permit an unaffiliated 

17 voter to vote in primary elections for such office of 

18 more than one political party. 

19 (2) RESTRICTIONS RELATING TO UNAFFILI20 ATED VOTERS.— 

21 (A) RESTRICTIONS ON SHARING OF INFOR22 MATION.—A State shall not share information 

23 relating to an unaffiliated voter in a primary 

24 election for Federal office, including the voter’s 

25 name and contact information, with a political 

26 party or with any other person who may reaVerDate Sep 11 2014 23:42 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9144.IH H9144

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1 sonably be expected to use the information for 

2 a political or politically-connected commercial 

3 purpose, including soliciting funds. 

4 (B) RESTRICTIONS ON STATUS OF VOTER

5 ON OFFICIAL REGISTRATION LIST.—For pur6 poses of a State’s official voter registration list, 

7 a State shall not treat an individual who is an 

8 unaffiliated voter as a member of, or as an indi9 vidual who is otherwise affiliated with, the polit10 ical party who held the primary election in 

11 which the individual voted solely on the grounds 

12 that the individual voted in that primary elec13 tion. 

14 (c) ELECTIONS FOR STATE AND LOCAL OFFICE.— 

15 Notwithstanding any other provision of law, a State may 

16 not use any funds provided by the Federal Government 

17 directly for election administration purposes unless the 

18 State certifies to the Election Assistance Commission 

19 that— 

20 (1) the State permits an unaffiliated voter who 

21 is registered to vote in an election for State or local 

22 office held in the State to vote in any primary elec23 tion for such office held in the State, except that the 

24 State shall not permit an unaffiliated voter to vote 


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1 in primary elections for such office of more than one 

2 political party; 

3 (2) the State applies the restrictions on sharing 

4 information relating to unaffiliated voters in primary 

5 elections for Federal office, as described in sub6 section (a)(2)(A), to information relating to unaffili7 ated voters in primary elections for State and local 

8 office; and 

9 (3) the State applies the restrictions on treating 

10 unaffiliated voters in primary elections for Federal 

11 office as members of, or as individuals who are oth12 erwise affiliated with, a political party, as described 

13 in subsection (a)(2)(B), to unaffiliated voters in pri14 mary elections for State and local office. 

15 (d) TRANSITION ASSISTANCE GRANTS.— 

16 (1) PAYMENT OF GRANTS.—If a State certifies 

17 to the Election Assistance Commission that the 

18 State is in compliance with the requirements of this 

19 section with respect to a fiscal year, the Commission 

20 shall make a payment to the State during that fiscal 

21 year and each of the 4 succeeding fiscal years in an 

22 amount equal to 2 percent of the total amount of re23 quirements payments made to the State under sec24 tion 251 of the Help America Vote Act of 2002 (52 

25 U.S.C. 21001). 


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1 (2) USE OF FUNDS.—A State shall use the pay2 ment received under this subsection to cover the 

3 costs of permitting unaffiliated voters who are reg4 istered to vote in elections for Federal, State, or 

5 local office held in the State to vote in any primary 

6 election for such office held in the State. 

7 (3) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated for fiscal 

9 year 2025 and each succeeding fiscal year such sums 

10 as may be necessary for grants under this sub11 section. 

12 (e) DEFINITIONS.—For purposes of this section— 

13 (1) the terms ‘‘election’’ and ‘‘Federal office’’ 

14 have the meanings give such terms in section 301 of 

15 the Federal Election Campaign Act of 1971 (52 

16 U.S.C. 30101); 

17 (2) the term ‘‘primary election’’ means an elec18 tion (including a primary election held for the ex19 pression of a preference for the nomination of indi20 viduals for election to the office of President) held 

21 by any political party to nominate individuals who 

22 would appear on a general election ballot as a can23 didate for election for Federal office, including a 

24 convention or caucus of a political party which has 

25 authority to nominate such a candidate; 


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1 (3) the term ‘‘State’’ has the meaning given 

2 such term in section 901 of the Help America Vote 

3 Act of 2002 (52 U.S.C. 21141); and 

4 (4) the term ‘‘unaffiliated voter’’ means an in5 dividual who is not registered to vote as a member 

6 of a political party or otherwise affiliated with a po7 litical party. 

8 (f) EFFECTIVE DATE.—This Act shall apply with re9 spect to elections held after the date of the enactment of 

10 this Act. 

11 SEC. 3. PROHIBITING NONCITIZENS FROM VOTING. 

12 (a) STATEMENT OF POLICY.—It is the policy of the 

13 United States that no person who is not a citizen shall 

14 be permitted or granted the right to vote in any taxpayer15 funded election for public office held by or in the United 

16 States or any State. 

17 (b) ELECTIONS FOR FEDERAL OFFICE.—No State 

18 shall permit any person who is not a citizen of the United 

19 States to vote in any election for Federal office held in 

20 the State. 

21 (c) ELECTIONS FOR STATE AND LOCAL OFFICE.— 

22 Notwithstanding any other provision of law, a State may 

23 not use any funds provided by the Federal Government 

24 directly for election administration purposes unless the 

25 State certifies to the Election Assistance Commission that 


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1 the State does not permit any person who is not a citizen 

2 of the United States to vote in any election for State or 

3 local office or any ballot initiative or referendum held in 

4 the State. 

Æ 


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